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  #1  
Old 07-27-2009, 03:04 AM
Sdirector Sdirector is offline
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Court today... TPR of Birthdad

I am a bit nervous this morning...

We have a court hearing today for TPR of my (hopefully) soon to be daughter's birthfather.

Her birthmother voluntarily terminated her parental rights last month. That, given our whole case, is really quite dramatic, and a huge surprise and relief.

After that TPR, our state DHHS took custody back of her to help us facilitate an adoption. Even though I was doubtful, they have been very helpful and supportive of this process. We have almost completed our foster care license, which will allow us to proceed to adoption.

Her birthfather has never met her. He has never attended a court hearing. She is 12 years old.

Her caseworker went to visit him right after court last month. He was adamant to her that "I will NEVER consent to have my rights terminated." She told him that he would then have to arrive at court. He told her that it would be impossible to be at court before six PM. She told him that the court would set the time, and that if it was this important to him, he had better make arrangements. He continued to be adamant, but did ask what happened to his child support if his rights were terminated.

I really don't think that he will show up today. If he wanted a lawyer, he would have asked for one by now. He has never shown up for a hearing. The state has a "cease reunification" order against him. Three things can happen... He can show up and fight (may lose anyways based on abandonment). He can show up and consent, or he can not show up and be terminated by default.

My wife mentioned something last night, in that what if he thinks that he can get more money for having her. I told him that any money he got would quickly be spendable for her support, but I know that some of these people do not see it that way. Still, they are just not going to take a 12 year old girl and release her to someone whom she has never met. He would need to reunify, an he would need to provide those services at his own expense, since the State has an order stating that they do not have to do this.

So, I am a bit anxious... I still doubt that he will show up, but you never know.
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One loving wife of over 20 years... How does she put up with me???
Oldest adopted son... Now 15... Been with us since 11 months, and adopted at 2 1/2 years.
Bio Son... Now 12... Born with Cancer, but is now OK.
Bio Daughter... Now 10... Daddy's baby girl!
New soon to be adopted daughter... 12... bio sister to my oldest, and the missing piece of our family!

TPR completed... Bmother
TPR completed... Bfather
Moving towards adoption after appeals period
Foster Care License now granted...
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  #2  
Old 07-27-2009, 03:34 AM
Happy_Cat Happy_Cat is offline
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Good luck today! We also go for termination in our case today. I do not think bio mom will show up. She has multiple outstanding warrents for her arrest. She wouldn't dare show up in the state. I can't remember the official reason she gave for not coming this time, but hopefully it will go well for both our kiddos.
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  #3  
Old 07-27-2009, 04:29 AM
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CaddoRose CaddoRose is offline
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Hope everything goes well for you all today.
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  #4  
Old 07-27-2009, 05:50 AM
shavon shavon is offline
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Good luck!!!! Our TPR hearing is set for the 17th of next month!!!!
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  #5  
Old 07-27-2009, 06:14 AM
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EandDmom EandDmom is offline
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good luck!!!
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TPR...round 2
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  #6  
Old 07-27-2009, 06:31 AM
Sooner Sooner is offline
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Good luck. Praying everything will go smoothly.
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Old 07-27-2009, 06:37 AM
jae101 jae101 is offline
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Good luck to the both of you.
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Old 07-27-2009, 11:08 AM
liz81 liz81 is offline
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I will be praying that everything goes well!!
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  #9  
Old 07-27-2009, 11:36 AM
stevenstwin stevenstwin is offline
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Hoping everything goes smoothly and easily! I'm assuming at her age, your daughter would have significant input on this, so I see zero possibility of them trying to place her with him under any circumstances!
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  #10  
Old 07-27-2009, 03:25 PM
Sdirector Sdirector is offline
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Well he didn't show...

They went through the hearing for TPR, and the judge was ready to issue the order terminating parental rights, based on criteria of law, plus the fact that termination is in her best interests...

Then, they figured out that the original jeopardy order had never been served on him. They called a recess to see if they could find it, but it had not been served.

The judge was extra nice to us, and extremely apologetic. She set a date for next month to have the jeopardy hearing and TPR at the same time (or one after the other.) She even asked what time of day worked best for us to have a hearing. She told us while we were perfectly welcome to come, we really didn't have to. She asked the caseworker to please let us know if there was not service of these motions in a sufficient time for our hearing next month, so that we would not be inconvinienced any more. She said that with proper service, and if he did not show up again, she would sign both orders on that day.

Now, normally I would have been very irritated by this (we waited over two hours to get in to court after our hearing scheduled time), but these documents were from back in 2005. Also, our soon to be daughter has the same last name as one of her birthmother's boyfriends (although he is not her father... he is her sister's father, and our daughter was named for another man with the same last name... yes... very confusing!) This just puts a slight delay in the whole process, at least until next month.

The only problem is, he has one more chance to show up! But, better it be done correctly now, than to have paperwork missing that could cause us a problem later on.
__________________
One loving wife of over 20 years... How does she put up with me???
Oldest adopted son... Now 15... Been with us since 11 months, and adopted at 2 1/2 years.
Bio Son... Now 12... Born with Cancer, but is now OK.
Bio Daughter... Now 10... Daddy's baby girl!
New soon to be adopted daughter... 12... bio sister to my oldest, and the missing piece of our family!

TPR completed... Bmother
TPR completed... Bfather
Moving towards adoption after appeals period
Foster Care License now granted...
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  #11  
Old 07-27-2009, 09:46 PM
carlychan carlychan is offline
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He almost certainly won't show up. I don;t think you have anything to worry about. I know when you are in the thick of things you worry...me too. But, you will be fine.
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